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JOHRA AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Johra And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 5083 of 2007 [2007] RD-AH 7093 (18 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 5083 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

Heard learned counsel for the petitioners.

It has not been explained why the suit for restitution of conjugal rights was instituted when it was very easy for the husband being a Muslim to divorce the wife and marry a better girl.

It raises a suspicion that the husband wanted to keep the lady tied down to his house by not granting divorce in the hope of extracting dowry.

In view of this, we are not inclined to quash the first information report or stay the arrest.

However, the petitioners No. 1 and 3 are ladies and, therefore, we direct that so far as theses two petitioners are concerned, if they surrender within 10 days from today and apply for bail  in case crime No. 244 of 2007 under section 498A/323/324/307 I.P.C., and ¾ of  the Dowry Prohibition Act, P.S. Kotwali Dehat, Sadar Bazar district Saharanpur, their bail applications will be considered and disposed of by the Courts below expeditiously.

The writ petition is disposed of as above.

Dated: April 18, 2007

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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